Funding Tribunal Claims

In the event you wished to instruct us to act for you in the future, our costs may be covered by a valid Legal Expenses Insurance policy.

Many companies have insurance policies in place which will cover any fees incurred in relation to the defence of an employment tribunal claim.

We are routinely instructed under such policies and if you have this insurance benefit, you may wish to contact your insurance company to enquire as to whether our costs may be covered by this policy. If this is the case, please contact us for further assistance.

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Frequently Asked Questions about Employment Law

What is an employment tribunal claim, and what is the process involved?

An employment tribunal claim is a legal case brought against an employer, usually by an employee, for issues such as unfair dismissal, discrimination or redundancy pay disputes. The process involves submitting a claim, awaiting the employer’s response, going through a preliminary hearing if necessary, and then proceeding to a final hearing.

How much does it cost to take someone to an employment tribunal?

There are currently no fees for making a claim to the Employment Tribunal, following a Supreme Court ruling in 2017. However, there may be other costs involved such as legal fees and barrister fees.

Can I claim back any of the costs if I win the case?

The general rule is that each party is responsible for its own legal costs however costs orders can be made by the tribunal during the proceedings. The tribunal usually has a wide discretion in exercising this, including where a party has acted ‘vexatiously, abusively, disruptively or otherwise unreasonably’ during the proceedings or if any claim or response had no reasonable prospect of success.

What type of funding options are available for businesses to pursue employment tribunal claims?

Funding options can include legal expense insurance, third-party funding, or funding the case yourself. Some law firms may offer a conditional fee agreement (“no win, no fee”).

How do I know if I’m eligible for the funding options available for employment tribunal claims?

Eligibility will depend on the specific criteria of each funding option. For example, legal expense insurance often requires that the claim has a reasonable chance of success.

What are the pros and cons of different funding options for employment tribunal claims?

Each option has its own benefits and drawbacks. For example, insurance provides financial security but may limit your choice of lawyer. Self-funding gives you control but carries financial risk. A conditional fee agreement reduces risk but could result in a large fee if you win.

Contact the Franklins Employment Law team

If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.